Appeal No. 2002-0741
Application No. 08/935,348
The rejection of claim 20 under 35 U.S.C. § 103(a) is
affirmed.
The rejection of claims 1, 4-6 and 8-12 under 35 U.S.C.
§ 102(b) is reversed.
The rejection of claims 1, 2, 4-6 and 8-12 under 35 U.S.C.
§ 103(a) is affirmed.
The rejection of claims 3 and 7 under 35 U.S.C. § 103(a) is
affirmed.
Further, this case is remanded to the examiner for
consideration of the matters noted above.
The decision of the examiner is affirmed-in-part.
In addition to affirming the examiner’s rejection of one or
more claims, this decision contains a remand. 37 CFR § 1.196(e)
provides that
whenever a decision of the Board of Patent Appeals
and Interferences includes or allows a remand, that
decision shall not be considered a final decision.
When appropriate, upon conclusion of proceedings on
remand before the examiner, the Board of Patent Appeals
and Interferences may enter an order otherwise making
its decision final.
Regarding any affirmed rejection, 37 CFR § 1.196(b)
provides:
Appellant may file a single request for rehearing
within two months from the date of the original
decision. . . .
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